Problem

2.7.1. Patients and doctors do not receive medications and medical devices in a timely manner and in full, in particular due to the incomplete transition to the new system of organization and control of medical procurement, and the incomplete regulation of the processes of identifying the needs for and accounting of medications

General information about the problem

The information on the stock of medications and medical devices handled at the central level is updated infrequently, inaccurately and incompletely (it is not clear which medications are available in hospitals and in what quantity). This sometimes makes it difficult for patients to receive free treatment, and for the state to effectively procure and distribute goods.
It should be emphasized that public procurement is carried out at the expense of the state budget according to the predetermined list of medications and medical devices. This is preceded by extensive work of groups of experts and specialists involved in the development of nomenclatures, terms of reference (“technical assignments”), etc. This process involves experts with relevant specialist knowledge – doctors and other healthcare professionals, as well as representatives of NGOs and patient organizations in whose activities private interests may prevail.
In addition, the relevant experts issue their recommendations and comments during the approval of procurement terms of reference (“technical assignments”), which should be taken into account by the State Enterprise Medical Procurement of Ukraine when formulating the final terms of reference, which, given the potential presence of private interest of the relevant experts, may negatively affect the objectivity of the approval of the relevant requirements.
As for decentralized (regional) procurement, there are different approaches of different customers to the procurement of the same type of medicinal products, which may lead to corruption risks both at the stage of tender documentation development and at the stages of bidding and contract execution.
Issues of interaction between pharmaceutical companies and healthcare professionals remain insufficiently regulated; proper regulation of these interactions would make it impossible to abuse the prescription of medicines to patients.
In addition to the procurement procedures themselves, an important aspect of preventing corruption risks in this field is the independence of the supervisory board of the state enterprise Medical Procurement of Ukraine. It should be emphasized that the state enterprise Medical Procurement of Ukraine falls under the criterion of critical enterprises, so the formation of a supervisory board is mandatory.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 7
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
8 4 5 1 3
21
Implemented Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 12 (57.1%)

Deadlines for all measures

01.03.2023 - 31.12.2024

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry of Health of Ukraine

57.9%
19

Ministry of Economy of Ukraine

50%
2

Achievement of ESR within the limits of the Problem

The total number of OSR – 7

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.7.1.1 Procurement of medications and medical devices at the expense of the state and local budgets is carried out on a professional basis by centralized procurement organizations under transparent and detailed procedures in accordance with objective needs based on the quality and evidence of effectiveness of such products and devices. If necessary, specialized international organizations are also involved in centralized procurement 2.7.1.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on implementation of the e-Stock electronic system for registering and managing stocks of medications and medical devices, which: 1) contains real-time structured data: on the availability of medications and medical devices at all healthcare institutions that are fully or partly funded out of the state budget or local budgets; on the requirement for medications and medical devices at all healthcare institutions that are fully or partly funded out of the state budget or local budgets; on the usage and disposal of medications and medical devices at all healthcare institutions, and so forth; 2) ensures an efficient, direct, and transparent procedure for determining the quantity of medications that need to be procured by healthcare institutions and establishments that are fully or partly funded out of the state budget or local budgets; 3) is integrated with procedures of centralized procurement of medications and medical devices funded out of the state budget or local budgets, procurement by international organizations; 4) is integrated with other electronic systems in the healthcare sector; 5) generates data on the planning of needs and accounting of goods, which is used to conduct procurement of medications and medical devices by centralized procurement organizations at the expense of the state budget or local budgets; 6) ensures real-time transparent accounting of medications and medical devices; 7) enables transparent calculations of medications and medical devices procurement needs in all areas; 8) incorporates additional mechanisms of verification of data entered into it; 9) ensures automated publication of information contained it in, in the open data format. Ministry of Health of Ukraine There is progress in the implementation of the measure In progress
100% 5/ 5
1.2. 2.7.1.1.2. Developing and approving a statement of work (“technical assignment”) for the functionality of the electronic system for registering and managing stocks of medications and medical devices, which: 1) contains real-time structured data: on the availability of medications and medical devices at all healthcare institutions that are fully or partly funded out of the state budget or local budgets; on the requirement for medications and medical devices at all healthcare institutions that are fully or partly funded out of the state budget or local budgets; on the usage and disposal of medications and medical devices at all healthcare institutions, and so forth; 2) ensures an efficient, direct, and transparent procedure for determining the quantity of medications that need to be procured by healthcare institutions and establishments that are fully or partly funded out of the state budget or local budgets; 3) is integrated with procedures of centralized procurement of medications and medical devices funded out of the state budget or local budgets, procurement by international organizations; 4) is integrated with other electronic systems in the healthcare sector; 5) generates data on the planning of needs and accounting of goods, which is used to conduct procurement of medications and medical devices by centralized procurement organizations at the expense of the state budget or local budgets; 6) ensures real-time transparent accounting of medications and medical devices; 7) enables transparent calculations of medications and medical devices procurement needs in all areas; 8) incorporates additional mechanisms of verification of data entered into it; 9) ensures publication of information contained it in, in the open data format. Ministry of Health of Ukraine There is no progress in the implementation of the measure In progress
1.3. 2.7.1.1.3. Designing software for expanding the functionality of the electronic system for registering and managing stocks of medications and medical devices in accordance with subclauses 2.7.1.1.2, 2.7.1.2.2 Ministry of Health of Ukraine There is no progress in the implementation of the measure In progress
1.4. 2.7.1.1.4. Implementing the functionality of the electronic system for registering and managing stocks of medications and medical devices in accordance with subclauses 2.7.1.1.2, 2.7.1.2.2 Ministry of Health of Ukraine There is no progress in the implementation of the measure In progress
1.5. 2.7.1.1.5. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft resolution of the Cabinet of Ministers of Ukraine, according to which local healthcare buyers (healthcare institutions, organizational units in charge of healthcare at regional state administrations and the Kyiv City State Administration) shall conduct procurement of the specified list of medications and medical devices with the use of an e-catalog Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
3.1. ESR 2.7.1.3 The specific considerations of procurement of medications and medical devices necessitated by the pandemic or carried out during the pandemic are established in such a way as to prevent corruption risks 2.7.1.3.1. Arranging an analytical study on the assessment of corruption risks in the procurement of medications and medical devices necessitated by the pandemic or conducted during the pandemic, with the presentation of statistical, economic, and other data, as well as the relevant proposals on how to prevent the identified corruption risks and to enhance the transparency and effectiveness of the procurement procedures in question Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
400% 20/ 5
3.2. 2.7.1.3.2. Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.7.1.3.1, followed by its discussion with stakeholders Ministry of Health of Ukraine The measure was implemented on time, but partially Partially implemented
3.3. 2.7.1.3.3. Drafting normative legal acts on amendments to normative legal acts, taking into account the findings of the analytical study indicated in subclause 2.7.1.3.1 (if needed) Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
3.4. 2.7.1.3.4. Holding a public discussion of the draft normative legal acts indicated in subclause 2.7.1.3.3 (if needed) Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
3.5. 2.7.1.3.5. Final revision (if needed) and approval of the draft normative legal acts indicated in subclause 2.7.1.3.3 (if needed) Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
4.1. ESR 2.7.1.4 Ukrainian procurement organizations engaged in the procurement of medications and medical devices have independent supervisory boards 2.7.1.4.1. Forming a supervisory board at the state enterprise Medical Procurement of Ukraine using an impartial and transparent procedure Ministry of Health of Ukraine Implementation of the measure has started on time In progress
0% 0/ 1
5.1. ESR 2.7.1.5 Standard catalogs and requirements for products procured in the healthcare sector are used in the procurement process 2.7.1.5.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to the Law of Ukraine On Public Procurement with a view to preventing discrimination against bidders at the stage of qualification for the e-catalog (including in the list of qualified suppliers) Ministry of Economy of Ukraine The measure was implemented on time, but partially Partially implemented
0% 0/ 2
5.2. 2.7.1.5.2. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on amendments to the resolution of the Cabinet of Ministers of Ukraine dated September 14, 2020, No. 822 On Approval of the Procedure for Forming and Using the e-Catalog with a view to preventing discrimination against bidders at the stage of qualification for the e-catalog (including in the list of qualified suppliers) Ministry of Economy of Ukraine Implementation of the measure has not started Not started
6.1. ESR 2.7.1.6 Clear rules and procedures have been established for identifying and resolving conflicts of interest of members of working and expert groups (primarily those that support the procurement of medical products at the expense of the state budget and determine the lists of products to be procured), and their strict observance in practice is ensured 2.7.1.6.1. Arranging an analytical study of the cases of conflict of interest involving members of consultative, auxiliary, and other advisory bodies at the Ministry of Health (including those supporting the procurement of medical products at the expense of the state budget and determine the list of products to be procured), which will include proposals on ways to improve the current legislation pertaining to these issues Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
300% 15/ 5
6.2. 2.7.1.6.2. Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.7.1.6.1, followed by its expert discussion Ministry of Health of Ukraine The measure was implemented on time, but partially Partially implemented
6.3. 2.7.1.6.3. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft law that incorporates the findings of the analytical report indicated in subclause 2.7.1.6.1, which: 1) makes improvements to normative legal regulation of instances of discovery and resolution of conflicts of interest involving members of consultative, auxiliary, and other advisory bodies at the Ministry of Health (including those supporting the procurement of medical products at the expense of the state budget and determine the list of products to be procured); 2) provides for the grounds and procedure for holding individuals liable under law for violating the requirements with respect to the prevention and resolution of conflicts of interest; 3) provides for the procedure for reviewing reports by individuals or legal entities about signs of conflicts of interest involving members of consultative, auxiliary, and other advisory bodies. Ministry of Health of Ukraine The measure has not been implemented Not implemented
6.4. 2.7.1.6.4. Creating a section on the official website of the Ministry of Health with complete information about consultative, auxiliary, and other advisory bodies that have been formed and are operating at the Ministry, with a focus on the following aspects: 1) individual members of such bodies and their positions; 2) the agenda of meetings attended by them; 3) the decisions made. Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
6.5. 2.7.1.6.5. Creating a channel for reporting conflicts of interest involving members of the consultative, auxiliary, and other advisory bodies at the Ministry of Health by the public and business community Ministry of Health of Ukraine The measure was implemented on time and in full Implemented
7.1. ESR 2.7.1.7 Clear ethical rules of interaction between pharmaceutical companies and healthcare professionals have been defined, which make it impossible to abuse the prescription of medicines to patients; legal liability for violations of these rules has been established 2.7.1.7.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Fundamentals of Ukrainian Healthcare Legislation, which defines: 1) the list of prohibited forms of interaction of medical workers and healthcare institutions with business entities that manufacture and/or distribute medications and medical devices (medical products) and auxiliary means of rehabilitation and with their representatives (in particular: medical workers and healthcare institutions are prohibited from accepting samples of medications, medical devices, souvenirs, and branded products of pharmaceutical companies for purposes of promotion; pharmaceutical companies are prohibited from launching loyalty programs for doctors); 2) the ethical principles to be upheld by medical workers when prescribing medications and medical devices to patients; 3) disciplinary and administrative liability (under Article 442 of the Code of Ukraine on Administrative Offenses) for violations of restrictions applicable to the forms of interaction of medical workers with business entities manufacturing and/or distributing medications, medical devices (medical products), and auxiliary means of rehabilitation. Ministry of Health of Ukraine The measure was implemented on time, but partially Partially implemented
0% 0/ 3
7.2. 2.7.1.7.2. Developing an online course for medical and pharmaceutical practitioners on the new rules of interaction between pharmaceutical companies and medical workers Ministry of Health of Ukraine Implementation of the measure has not started Not started
7.3. 2.7.1.7.3. Arranging the annual completion of the online course indicated in subclause 2.7.1.7.2 Ministry of Health of Ukraine Implementation of the measure has not started Not started

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: